Diotiollavi v. United Pocahontas Coal Co.

Lively, Judge:

From a judgment upon a directed verdict for defendant, plaintiff Diotiollavi, an infant, by his nest friend, prosecutes this writ.

The action is for personal injuries sustained by plaintiff while rightfully on defendant’s track leading from its drift mine to its tipple, caused by a single car running by gravitation down the track and not properly attended, and which ran over plaintiff without warning.

The accident occurred on November 1, 1921, on defendant’s railway track built of wooden ties and steel rails, almost in front of the tenement occupied by the child’s! father. This…